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Divorce is often one of the most stressful experiences a person can face, and few things cause more worry than money. If you are going through a divorce, one question that often comes up is: Will I have to pay spousal support, or will I receive it? In Wisconsin, this payment is officially referred to as "maintenance," although many people commonly know it as "alimony." Maintenance is money paid by one spouse to the other after the marriage ends. It is designed to help both parties find a fair financial footing as they start their separate lives.
The financial decisions made during a divorce can affect your life for years to come. If you are starting the divorce process and need assertive, personalized legal guidance, don't wait. Contact the trusted legal team at The Law Offices of Jason D. Baltz today by calling (414) 375-0797 or filling out our confidential online consultation form.
What Is Maintenance (Alimony) in Wisconsin?
Maintenance is a court-ordered payment from one former spouse to the other. Its primary purpose is to prevent one party from suffering financial hardship after a long-term marriage. It is not meant to be a punishment. Instead, the court views it as a means to distribute the economic impact of the divorce fairly.
In Wisconsin, judges have a lot of freedom—or "discretion"—to decide if maintenance should be paid and, if so, for how long and how much. There is no simple calculator or formula that tells the court the answer. This is why having someone to fight for your best interests personally is so important during these proceedings.
How Does a Wisconsin Court Decide on Maintenance?
A judge must first determine whether one person requires support and whether the other person is capable of paying for it. If both of these things are true, the judge then examines a list of ten specific factors to make a final decision. These factors help the judge understand the complete picture of your life and your marriage.
Key considerations the court must review include:
- The length of the marriage: How long the couple had been married.
- The age and physical and emotional health of each spouse: Whether either party has health issues or is close to retirement.
- The division of marital property: How the couple's assets were split.
- The earning capacity of each person: This considers education, training, and the time it might take for a person to get the necessary skills to earn a living.
- Any tax consequences of the payment to both parties?
- Any agreements made by the spouses before coming to court.
The Different Types of Maintenance
Maintenance is generally paid monthly, but the term (i.e., the duration of the payments) can vary for each case. The two main types of terms are:
Fixed-Term (or Limited-Term) Maintenance
This type of support has a definite end date. It is often used to help one spouse recover financially after the divorce. For example, it might last for just two years to allow a former spouse to finish a college degree or find a new job. The goal is often to give one person a chance to become financially independent over time.
Indefinite (or Permanent) Maintenance
This type of support has no end date. It continues until a significant event occurs, such as the death of either spouse or the recipient getting remarried. Indefinite payments are usually only awarded in long-term marriages, often those lasting 20 years or more. In these longer marriages, it can be tough for one person to catch up financially after being out of the workforce for many years.
Protecting Your Rights in a Family Law Case
The rules for spousal maintenance are just one part of the complex process of ending a marriage. Everything from property division to child custody falls under Wisconsin family law, and each area has an impact on the others. For instance, how assets are divided can directly affect a judge's decision on maintenance. A skilled legal advocate understands these connections and can argue how they support your position.
This is why you need a legal advocate who is not only compassionate about your situation but also assertive in protecting your financial rights.
Contact a Family Lawyer in Mequon, WI
Navigating the financial complexities of a divorce requires strong legal support. The stakes are too high to face the court alone. Whether you need to fight for fair payments or defend against unfair demands, you require a personalized approach from a firm that is familiar with the courts in Milwaukee and Southeastern Wisconsin.
For focused advice on maintenance, divorce, and all areas of family law in Mequon, WI, contact The Law Offices of Jason D. Baltz right away. Call us today at (414) 375-0797 to schedule your free consultation.